Jelly Belly ECJ Suit Limited to Monetary Damages

A California federal court has limited relief to monetary damages
in a lawsuit alleging that Jelly Belly Candy Co. misleads
consumers into believing its Sport Beans do not contain sugar
because the term “evaporated cane juice” (ECJ) appears on the
label instead. Gomez v. Jelly Belly Candy Co., No. 17-0575 (C.D.
Cal., entered August 18, 2017). Additional details about the case
appear in Issues 629 and 638 of this Update.

The court found that to pursue California consumer-protection
claims, the plaintiff must establish that she had no adequate
remedy at law, but she failed to do so in an amended complaint.
The only injury the plaintiff alleged was that she “lost money”
because she purchased the product, the court stated, limiting her
relief to that alleged loss.

Issue 645